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2022 DIGILAW 862 (BOM)

Akhtar Shah v. State Of Maharashtra

2022-03-23

AMIT B.BORKAR, V.M.DESHPANDE

body2022
JUDGMENT V. M. Deshpande, J. - Heard Shri N. L. Jaiswal, learned advocate for the appellant, Shri S. S. Doifode, learned aPP for respondent no. 1/State and Ms. S. H. Bhatia, learned advocate (appointed) for the non-applicant no. 2. 2. admit. 3. The cause of filing this appeal under Section 14a of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 is rejection of the bail application filed on behalf of the appellant before the additional Sessions Judge, Mehkar, Dist. Buldana in Special atrocity Case No. 39/2020. 3. after hearing the learned advocate for the appellant and after having gone through the reply filed by prosecuting agency and paragraph no. 6, which states as under :- '6. The medical examination of the accused revel that, he is able to do sexual intercourse. The investigating agency has seized the clothes of the victim and the accused and also collected their blood samples. The abortion of the victim was conducted at Government Medical Hospital, aurangabad. The investigating agency has collected the blood sample of the victim and abortus of the victim as well as that of the accused for DNa Examination. as per the DNa Report, the victim is concluded to the biological mother of the abortus. However, the appellant is excluded to be the biological father of the abortus of victim.' 4. From the aforesaid, it is clear that scientific evidence and DNa evidence prima facie show that the appellant could not held responsible for the allegations made in the prosecution's case. The appellant is in jail since 25.11.2020. In view of the availability of scientific evidence, we are of the view that the appellant need not continue in jail during pendency of the Trial. 5. Resultantly we pass the following order:- i) The appeal is allowed. ii) The order dated 09.10.2021 passed by learned additional Sessions Judge, Mehkar, Dist. Buldana below Exh.25 in Special atrocity Case No. 39/2020 is hereby quashed and set aside. iii) The appellant akhtar Shah S/o. Sattar Shah be released on he executing a P.R. bond of Rs. Five Thousand with solvent surety in the like amount in connection with Crime No. 78/2019 for the offence punishable under Sections 376 and 506 of the Indian Penal Code and Section 3(1)(w)(i)(ii), 3(2)(v)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989. Five Thousand with solvent surety in the like amount in connection with Crime No. 78/2019 for the offence punishable under Sections 376 and 506 of the Indian Penal Code and Section 3(1)(w)(i)(ii), 3(2)(v)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989. iv) The appellant is directed to attend the concerned Police Station once in a three month during the pendency of the trial and mark his presence. v) The appellant is directed not to give threats either to the victim or her family members. 6. Ms. S. H. Bhatia, who is appointed by Legal aid Committed to represent the respondent no. 2 is entitled for her professional fees which quantified to Rs. Five Thousand. 7. Pending application, if any, stands disposed of accordingly.